Perlindungan Hukum Anak Korban Kekerasan Seksual dari Reviktimisasi dalam Sistem Peradilan Pidana di Indonesia

Abstract

Legal protection of child victims of sexual violence from re-victimization in the criminal justice system in Indonesia. There are 2 research questions used as the formulation of the problem in this thesis, that is 1). why there is still a revictimization of child victims of sexual violence in the criminal justice system, 2) how to prevent re-victimizationof children who are victims of sexual violence in the criminal justice system in Indonesia. The background of the thesis is the existence of criminal acts of sexual violence towards children which is increasingly alarming. The Child Protection Laws, which in fact has not been able to provide protection for child victims of sexual violence, especially psychological protection. Child victims of sexual violence who undergo criminal justice processes are still experiencing re-victimization/secondary victimization when giving their statements in court, when child victims must remember and retell the chronological of sexual violence they experienced this is will give psychological trauma which will heal longer and will certainly affect the future victim's child. The purpose of this study is to find out why there is still re-victimization of child victims of sexual violence in the criminal justice system, and to find out how to prevent the re-victimization of children who are victims of sexual violence in the criminal justice system in Indonesia. This legal research uses normative research, with the statue approaches. The data used in this study secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The legal materials then inventoried and analyzed by qualitativly analyzis . This study found the fact that re-victimization of child victims of sexual violence still occurred because the criminal justice process for child victims still refers to the Criminal Procedure Code, the provisions of Clause 58 section (1), (2) and (3) of Law number 11 of 2012 Concerning The Child Criminal Justice System only regulates the examination of the child victim when providing information at the court. To prevent the re-victimization of child victims of sexual violence in the criminal justice system in Indonesia, a legal policy is needed through the formation of a law by making changes to the criminal procedure law. Provisions such as those contained in Law number 11 of 2012 concerning The Child Criminal Justice System Clause 58 section 3 point a, can be used as a basis for the investigation of the victim's child since the beginning of the judicial process electronic recording has been carried out, oath and making of the Diposission, and can be used as legal evidence in the prosecution and verification process. Thus the victim's child is giving enough information at the investigation stage.